Domestic Battery: PC 243(e)(1)
Domestic battery also concerns a willful or intentional act on an intimate partner except that the injury can be trivial, though harmful or offensive, and need not have caused any pain to the victim. For a battery to occur, it can be any unwanted contact such as pushing or slapping the individual and doing so with the purpose or intent of committing harm. A battery also occurs regardless if the contact was not directly on the victim. For example, smashing the victim’s car window while the person was inside, snatching a necklace off the intimate partner or kicking the victim’s cat in the person’s presence could be charged as domestic battery.
Domestic battery is a misdemeanor though you can face aggravated battery charges, which can be charged as a felony if the intimate partner suffered serious bodily injury, and face state prison time. In many cases, the court will require the offender to attend a batterer’s treatment program for at least one year as a condition of probation. A subsequent domestic battery conviction results in a mandatory minimum jail time of 48 hours.
Possible Defenses to a Domestic Violence Charge
There are numerous defenses available to anyone charged with any of the above charges, some of which are dependent on the crime for which you are being prosecuted.
- Self-defense. You can asset self-defense if you reasonably believed you or someone near you was in imminent danger of being harmed or unlawfully or offensively touched and that you needed to apply force to protect yourself or that other person. The force used must be only that required or necessary to defend yourself.
- Lack of injury. If no injury occurred, then certainly you cannot be prosecuted under PC 243.5, corporal injury to a spouse or cohabitant. You need not have produced a visible injury, though, to be charged with a battery offense or elder abuse.
- Lack of a sustained or reasonable fear for one’s safety or well-being. To be prosecuted for criminal threats, the victim must have had a reasonable fear of the threat and it must have lasted for more than a moment. Merely being startled or being told by the defendant that he or she may get you some day may not be enough to constitute a crime.
- False accusations. Many times, a jealous spouse or ex-dating partner or vengeful family member will fabricate a charge of assault or abuse. Often, a comprehensive medical examination will not contradict the accuser’s account of how an alleged injury occurred.
- Mistaken assumptions. In some cases, someone who is required to report suspected abuse or domestic violence will report it to authorities. A criminal defense attorney may have to launch a separate investigation to exonerate the defendant by showing that either someone else was responsible or that some other plausible explanation explains the injury.
- Violation of constitutional rights. Police must follow certain protocol that adheres to rights found in the federal and state constitutions regarding reasonable searches and seizures, extracting confessions and lawfully arresting someone.
Contact the Domestic Violence Attorney Group
A domestic violence accusation may be result of a mistake or a fabricated allegation from someone seeking retribution or vengeance against you. There are numerous cases where mitigating circumstances, unknown facts, misunderstandings or overzealous prosecutions result in unsubstantiated or excessive charges that our attorneys can examine and appropriately advise you. Promptly retaining an experienced domestic violence lawyer from the Domestic Violence Attorney Group can often mean the difference between getting your case dismissed, charges reduced, or having you plea to a different offense with lesser penalties. Yucca Valley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Yucca Valley, California
About Yucca Valley
Yucca Valley is an incorporated town located in San Bernardino County, California, United States. The population was 20,700 at the 2010 census. Yucca Valley lies 17 miles (27 km) west of Twentynine Palms, 37 miles (60 km) north of Palm Springs, 89 miles (143 km) south of Barstow via State Route 247, 45 miles (72 km) southeast of Lucerne Valley and 55 miles (89 km) east of San Bernardino.
Bordered in the west by the San Bernardino Mountains and in the south by the Joshua Tree National Park, the Yucca Valley community is located in the Mojave Desert at roughly 3,300 feet (1,000 m) above sea level.
Yucca Valley is governed by a town council whose mayor as of 2013 is Marl Abel. Other Town Council members are George Huntington, Dawn Rowe, Robert Lombardo, and Robert Leone. Yucca Valley contracts its police and public safety services from the San Bernardino County Sheriff's Department. Fire suppression and ambulance services are provided by the San Bernardino County Fire Department.
Yucca Valley, with its 22,000 citizens rests in the middle of the Morongo Basin with proximity to Southern California’s finest vacation spots and outdoor areas. At a base elevation of 3300 feet, Yucca Valley enjoys a unique combination of mild but seasonable weather. Yucca Valley is proud of their clean air, dark night skies, spectacular vistas and casual lifestyle. The residents enjoy easy access to the Palm Springs resort communities, Big Bear mountain destinations, and the beaches of Southern California. The majestic Joshua Tree National Park, celebrating its 75th birthday in 2011, is adjacent to its southern border.
Norman J. Essig was a key player in the late 1950s in working toward establishing Yucca Valley as a place for entertainment celebrities to come and live in privacy. He personally acquired hundreds of acres of land during this time and owned and ran Glenn Realty. He helped to put in the main roads that are running throughout the town off of Hwy 62. He was personal friends with the late Jimmy Van Heusen and gave him prime real estate in Yucca Valley to build his house, which can still be seen atop the highest hill in the center of the town. He is survived by his two daughters Jean Essig and Marie Hodge and seven grandchildren.
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